COMMERCIAL TAX OFFICER Vs. DELHI TRADING CO

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner-Assessing Officer assailing the order dt.07/09/2009 passed by the Rajasthan Tax Board (for short, 'Tax Board') by which the Tax Board, while rejecting the appeal of the petitioner-Assessing Officer has upheld the order dt.23/09/2005 passed by the Deputy Commissioner (Appeals (for short, 'DC(A)') by which the DC(A) while partly allowing the appeal of the respondent-assessee, upheld the levy of tax of Rs.42046/-, surcharge of Rs.6304/-and penalty under Section 65 of Rs.96,660/-, however, deleted the remaining amount of tax, surcharge, penalty and interest.

(2.) Brief facts of the case, as emerging on the face of record, are that a survey came to be effected on the respondent-assessee by the Anti Evasion Wing, Jaipur on 30/10/2002 and discrepancies were noticed at the time of survey on account of some loose papers, diaries and other material. It was also found that the stock did not tally with the books of accounts, stock register and supporting bills and vouchers. Accordingly, the Assessing officer, after elaborate discussions in the assessment order, found that the respondent-assessee is liable to not only imposition of tax on account of the items, which were found unrecorded but also imposition of interest on the aforesaid additional tax and also penalty.

(3.) Dissatisfied with the creation of uncalled for levy of the additional tax, interest and penalty, the respondent-assessee preferred an appeal before the DC(A), who also, after elaborate discussion, came to the conclusion that the respondent-assessee was able to satisfy about many aspects and accordingly the DC(A) decided the issue after considering the submissions of the respondent-assessee. The DC(A) also heard the assessing officer and after considering the same, partly upheld the order of the petitioner-Assessing Officer as well as partly allowed the appeal of the respondent-assessee.